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TMI Blog2016 (4) TMI 1472X X X X Extracts X X X X X X X X Extracts X X X X ..... ise. Had the petitioner participated in the proceedings he would not have been made over the documents at the hearing. The request for cross-examination also is of no assistance as the petitioner was not present in the hearing to undertake the cross-examination of the witness on behalf of the authorities. The impugned order is appealable. It gives reasons. The petitioner has chosen not to prefer an appeal. The petitioner has chosen to file a writ petition. The scope of enquiry in a writ jurisdiction is limited. The contention of breach of principles of natural justice cannot be accepted in the facts and circumstances of this case. No other ground has been canvassed at the hearing. Thus there is no infirmity in the order impugned. - THE HO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the hearing. There was a raid in the Mumbai residence of the petitioner and the documents were taken into custody. The documents if allowed to be produced would show that the petitioner did not have any complicity in the subject matter. Mr. Sen has further submitted that in the interim reply to the show cause notice, his client had made a request for cross-examination of the witness on behalf of the authorities. Such request has also not been kept. The petitioner has not been allowed the right of cross-examination. In such circumstances, he submits that the impugned order should be set aside. The parties should be remanded to the appropriate authority for fresh trial. His client is ready to participate in the trial. I have not called up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the petitioner for the period from January 27, 2003 to June 4, 2004 and June 8, 2004 to December 21, 2004. Consequently, according to the petitioner, no notice of hearing could be served on the petitioner as the petitioner was in hospital. The factum of hospitalisation is pleaded at paragraph 11 of the writ petition and at paragraph 6 of the supplementary affidavit. At paragraph 11 of the writ petition, the petitioner claims to have annexed the discharge certificates for the aforesaid periods of hospitalisation. Two discharge certificates have been annexed to the writ petition. In fact, these are the only discharge certificates in the entirety of the pleadings and the records available to Court. The discharge certificate at page 38 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t arise. Had the petitioner participated in the proceedings he would not have been made over the documents at the hearing. The request for cross-examination also is of no assistance as the petitioner was not present in the hearing to undertake the cross-examination of the witness on behalf of the authorities. The impugned order is appealable. It gives reasons. The petitioner has chosen not to prefer an appeal. The petitioner has chosen to file a writ petition. The scope of enquiry in a writ jurisdiction is limited. The contention of breach of principles of natural justice cannot be accepted in the facts and circumstances of this case. No other ground has been canvassed at the hearing. In such circumstances, there is no infirmity in the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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